richard? >> well, fred, it's a great method to help solve crimes. i mean let's face it, if law enforcement can retrieve data that is supplied by your cell phone and get that information they can track you for a period of time. now they wanted it for 60 days. they said we should be entitled to do this without getting a warrant for 60 days. that's a sufficient period of time to help us. then after that we have to go to court to get a warrant. but the courts and when circuits get split and decisions like this, fred, 28 days was held unconstitutional when a device was put on a car without a warrant so, therefore, they are arguing this can't be constitutional, it's got to be a fourth amendment violence. >> avery, does there have to be probable cause. do you have to be suspect of something. this isn't arbitrarily anybody can be tracked, right? >> that's actually the point. if there's probable cause go get your warrant.